Can One - Or More - State(s) Actually Secede From the United States of America?
Chief Justice Salmon P. Chase stated: “When Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the state. The Act, which consummated her admission into the Union, was something more than a compact; it was the incorporation of a new member into the political body. And it was final.”
If it doesn’t seem hard enough to secede, some constitutional scholars say that secession could be considered treason under the Articles of the Constitution. In an article for the Kansas City Star, Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University, discussed the Supremacy Clause in Article 6 of the United States Constitution.
“What the Constitution says repeatedly is once you’re in (as a state), you’re in. If people want to secede, they are allowed to leave; they just can’t take the land and the water with them. There is a lawful way to secede – it’s called emigration. They can move to Canada,” Amar wrote."'
Actually, there is.
What Scalia probably meant to say was that there is no unilateral right to secede. One state can't just say, “The heck with you, U.S.A. We're out of here."
What a state (or states) can do, however, is begin the process of seeking a mutually agreed upon parting of the ways, and that process clearly exists, set forth by the U.S. Supreme Court in its 1868 ruling in Texas v. White. That ruling concluded that a state (or states) could secede by gaining approval of both houses of Congress and then obtaining ratification by three fourths of the nation's legislatures. In other words, it's a tough task.
Texas v. White did, however, suggest another way a state might secede: “through revolution." That might be obvious, but it's a point that French, the author, focuses on when he talks about how a California exit could come about, as he did in the New York Times “The Argument" podcast on Oct. 30. It could happen, he suggests, if civil unrest becomes extreme, and the state and the nation simply agree to part ways to minimize the damage.
But let's not get ahead of ourselves."
To view the FindLaw blog in full, visit https://www.findlaw.com/legalblogs/law-and-life/could-states-really-secede-from-the-union/
But I wonder if the people (and especially the governments) of the states who want to secede have reckoned with what would happen if they were no longer a part of the United States of America. The current citizens would no longer receive any US Government benefits. No Social Security payments, no insurance, no legal money, no banks, no telephone, no internet, no mail service; no government monies coming in to support roads and bridges, no VA programs, no school funding, no access to other states in the US without a passport and current US legal tender, no FAA or NTSB. Each previous state that secedes will have to set up their own tax agencies, licensing agencies, trade agencies for crossing state borders, telephone and mail and internet and television and banking services, hospitals and doctors and teachers will need licensing and approvals, gasoline prices would probably be prohibitive, as would electricity and water services. Each previous state would have to mint and print their own money. Each previous state would have to hire and employ their own Army and Air Force; and, if they adjoin a large body of water, will have to set up their own Coast Guard and Navy services, also. All services and tax funding from the United States of America would be cut off and shut down. As citizens of a place other than the USA, they would need passports to travel, and have their vehicles and luggage - and selves - searched at each state line of the USA. To be able to secede and stay free of the USA, each previous state will need to purchase products that it cannot produce within its' borders - food, drink, vehicles, technology, clothing, etc., etc., etc. - Would the United States extend huge lines of credit to these new places that have wrested themselves from the Union? I don't think so.
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